New Delhi, 13/8/2011: A Fact Finding team visited the plant site of SELCO International Ltd’s Refuse Derived Fuel (RDF) incineration technology based waste to energy project at Elikatta Village, Shadnagar Mandal, Mahboobnagar district and found the plant to be locked. This is the plant that was cited a successful example by Mr.Najmi Waziri, Delhi Government's counsel on 18th July, 2011 in the Delhi High Court in front of Chief Justice Bench to defend Delhi’s Okhla Waste to Energy plant of M/s Jindal Urban Infrastructure Limited (JUIL), a company of M/s Jindal Saw Group Limited owned by Prithviraj Jindal part of O P Jindal Group.

The security guard of the SELCO International Ltd's 6.6 MW Municipal Solid Waste to Energy Project at Elikatta Village, Shadnagar Mandal, Mahboobnagar District, Andhra Pradesh informed that the plant is closed for the last three years. This fact has been verfied with the local people and a site inspection too revealed the same. The Preliminary Fact Finding Survey Report is enclosed and pasted below.

The Report's Preliminary Inference states, "On 10th August, Citizens of Vietnam remember the anniversary of the first use of nearly 80 million liters of Dioxins laced Agent Orange as chemical weapon against Vietnam from 1961 to 1971 that has wrecked havoc crippling people and causing hitherto unknown diseases for last 50 years. The Dioxins emitting waste to energy incinerators in residential and ecologically fragile areas or elsewhere tantamount to peace time use of chemical weapon against one’s own citizens and their ecosystem."

The Report's Preliminary Recommendations are as under:

· The inquiry team constituted by Delhi High Court ought to visit the 6.6 MW Municipal Solid Waste to Energy Project at Elikatta Village, Shadnagar Mandal, Mahboobnagar district in Andhra Pradesh to ascertain facts for themselves along with representatives from media

· Construction of Delhi’s Waste to Energy Incinerators be stopped pending final outcome in the court else it would appear that a fait accompli has been present to the judiciary

· Contempt of Supreme Court’s Order merits immediate legal remedy

The Fact Finding Survey team comprised of K Babu Rao, former scientist at the Indian Institute of Chemical Technology, Hyderabad, Narasimha Reddy Donthi, Chief Advisor, Chetana Society, Hyderabad and Gopal Krishna, Convener, ToxicsWatch Alliance (TWA), New Delhi. The final report of the Fact Finding Team will be shared shortly following the release of report of the Delhi’s waste to energy incinerators based on site visits.

Site Visit Report: The Fact Finding team visited the plant site of SELCO International Ltd’s Refuse Derived Fuel (RDF) incineration technology based waste to energy project at Elikatta Village, Shadnagar Mandal, Mahboobnagar district and found the plant to be locked. The security guard informed that the plant is closed for the last three years. A closer scrutiny revealed that the plant machinery is in an abandoned condition within the premises of the factory site and is rusting. The team verified the status of the plant from villagers passing by. It was further corroborated by a road side shop owner. One of the team members had visited the plant site on two occasions. The members of the team had testified before the Supreme Court’s Committee on Waste to Energy. Their submissions are part of the Committee’s report. The visit was undertaken on August 1, 2011.

The team also visited the 11 MW Municipal Solid Waste to Energy Project at Chinnaravulapally Village, Bibinagar Mandal, Nalgonda District, Andhra Pradesh by M/s. R.D.F power projects Ltd. This project was initially sanctioned on July 16, 2000. It was revived on February 2, 2005. It entered into a Power Purchase Agreement with TATA Power Trading Co, Mumbai. Name & Address of the Developer: Sri. J. Phani Kumar, Executive Director. M/s.RDF Power projects Ltd, 401,Galada Towers, Adjacent Lane to Pantaloons, Begumpet, Hyderabad-500 016. Phone No: 40042600 / 2700, FAX: 40032579, Cell: 9849002571. The care taker spoke to a company official on phone and did not allow the team to examine the plant. It is observed from the gate that even the civil structural work is not completed. This visit was also undertaken on August 1, 2011.

Analysis of the Closure of the SELCO International Ltd’s Refuse Derived Fuel (RDF) incineration technology based waste to energy project at Elikatta Village, Shadnagar Mandal, Mahboobnagar district
1. Waste to Energy is non-Renewable Energy: 'Municipal solid waste is not considered to be a renewable energy source since it tends to be a mixture of fuels that can be traced back to renewable and non-renewable sources,' said Mark Radka, Chief of the Energy Branch, Division Technology, Industry and Economics for the United Nations Environment Programme (UNEP).[1]

2. Unlearnt Lessons from Delhi’s Timarpur Refuse Derived Fuel (RDF) incineration technology based waste to energy project: The White Paper on Pollution in Delhi with an Action Plan' prepared by Union Ministry of Environment and Forests. It says, "The experience of the incineration plant at Timarpur, Delhi and the briquette plant at Bombay
support the fact that thermal treatment of municipal solid waste is not feasible, in situations where the waste has a low calorific value. A critical analysis of biological treatment as an option was undertaken for processing of municipal solid waste in Delhi and it has been recommended that composting will be a viable option. Considering the large quantities of waste requiring to be processed, a mechanical composting plant will be
needed."[2] Delhi High Court order was also ignored. The court had directed the Comptroller and Auditor General of India (CAG) to conduct an inquiry into the failure of the Timarpur plant. The high court order came in response to a public interest litigation (PIL) Dr. B.L. Wadhera vs Union Of India and Others. The Court observed, “The cost of the plant amounting to Rs. 22 crores went down the drain. It is not known how much amount had been spent in contesting the arbitration proceedings in London. It is not in dispute that despite the fact that an award had been made against it, further amount had been spent towards alleged maintenance of the plant but even then no effective use thereof was made.” [3]

3. Global Scenario: At the international level India is party to the Stockholm Convention, on persistent organic pollutants (POPs), which include dioxins and furans. These are largely the result of waste combustion or thermal treatment of municipal and medical wastes, especially involving chlorinated plastics such as PVC. The Convention on POPs calls for improvements in waste management with the aim of the cessation of open and other uncontrolled burning of wastes, including the burning of landfill sites. It states that "when considering proposals to construct new waste disposal facilities, consideration should be given to alternatives such as activities to minimize the generation of municipal and medical waste, including resource recovery, reuse, recycling, waste separation and promoting products that generate less waste. Under this approach, public health concerns should be carefully considered, as per Annexure C of the Convention." Annex C of the Convention refers to the Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) and municipal waste incinerators.[4]

The United States' Environmental Protection Agency (USEPA) has evaluated that that incinerator emissions are the primary source of dioxin, and major sources of mercury, lead, arsenic, particulate, and other pollutants. The ash that results from burning trash is even more toxic. These effects have been recognised worldwide. Inventories of releases of such emissions, such as dioxins, heavy metals etc. have put municipal waste incinerators to be amongst the highest sources of such pollutants worldwide. Of course these are global pollutants but have drastic short term and long-term health effects. Various conventions have stated concerns about this.

4. Incineration of Refuse Derived Fuel (RDF) violates several international laws:
a)Kyoto Protocol: As per Annexure A of the Protocol waste incineration is a green house gas emitter, b)Stockholm Convention on POPs and the c)Recommendations of United Nations Environment Programme (UNEP)'s Global Assessment on Mercury. The Global Mercury Assessment Working Group recommended measures to address global adverse impacts of mercury at the global, regional, national and local levels. The options include measures such as reducing or eliminating the mercury emission from waste incineration
because unlike other heavy metals, mercury has special properties that make it difficult to capture in many control devices.

5. Incineration of Refuse Derived Fuel (RDF) violates National Legislation: In fact all recent waste policies of the Government of India, which include the Supreme Court's High Powered Committee report of Urban waste, the Shukla Committee report of the Ministry of Urban Affairs and Employment, as well as the national Municipal Solid Waste regulations issued by the Ministry of Environment and Forests, do not recommend the use of incineration. A passing reference to it does not mean endorsement that must be seen along with the White Paper of Union Ministry of Environment & Forests.

6. Examination of the Refuse Derived Fuel (RDF) incineration technology by Supreme Court’s Committee on Waste to Energy: Based on Committee’s recommendations, the Court rejected this technology and approved Biomethanation technology that too for five pilot projects.

7. Fiscal Incentives for Demonstration Projects for Power generation from MSW through new technologies Violates Supreme Court’s Order: Supreme Court has put a stay on subsidy for waste to energy projects except 5 pilot projects based on Biomethanation technology. “For demonstration of various new and emerging technologies, financial assistance will be provided to the extent of 50% of the project cost, subject to a maximum of Rs. 3.0 crore / MW for setting up demonstration projects based on gasification/pyrolysis and plasma are technologies.”[5]

8. Low Calorific Value, Resource Burning and Energy Loss: Municipal Waste in India has an average calorific value of about 800 cal / kg. For combustion technologies to succeed they would need about 2000 to 3000 cal /kg, other wise auxiliary fuel has to be added. This makes the process more uneconomical and polluting than it already is.[6] Communities in more than 30 countries are recognising that waste incineration results in massive increases in energy consumption worldwide.[7]

False Claim

On the website of New and Renewable Energy Development Corporation of Andhra Pradesh Ltd, a state government company, it is mentioned under the Success Story section that SELCO INTERNATIONAL LTD is “segregating and processing the heterogeneous garbage and generating Electricity from RDF through municipal solid waste process under waste to energy sector. This Project have produced 6.6 MW Electricity from RDF for the first time in the Country and synchronized with Grid on 8th November-2003 and generating Electricity since then.” It was sanctioned on June 5, 2000. New and Renewable Energy Development Corporation of Andhra Pradesh Ltd was earlier named the Non-Conventional Energy Development Corporation of Andhra Pradesh Ltd (NEDCAP).

Name & Address of the RDF Incineration based Waste to Energy Plant Developer:

I. Although a non-renewable energy project, it was promoted as renewable energy project. Andhra Pradesh Incineration based Waste to Energy Plant has failed but the same is being cited all over the country as an example of successful project which can be undertaken to earn carbon credits. Delhi’s Okhla Waste to Energy plant of M/s Jindal Urban Infrastructure Limited (JUIL), a company of M/s Jindal Saw Group Limited owned by Prithviraj Jindal part of O P Jindal Group is also being promoted citing the defunct RDF incineration based Waste to Energy plant of Andhra Pradesh. Similar projects in Delhi’s Narela-Bawana and Gazipur and in other cities like Patna, Bangalore, Chennai, Pune etc is likely to meet the same fate.

II. RDF Incineration Technology which was used in the SELCO International Ltd’s plant is a thermal and combustion technology, mainly used to prepare waste for mass incineration. The reason for making pellets is to both get the waste in a dry combustible form besides making it ready for those types of incinerators, which can handle RDF. As such all controls which are necessary for incineration need to be in place for RDF, which is not a stand-alone technology, but only another stage for a type of incineration. All such technologies go under various names such as RDF, incineration, pyrolysis, gasification etc. If mixed waste is burnt, it creates problems of very toxic compounds such as dioxins and furans, heavy metals and other pollutants. The calorific value for the waste comes from materials such as plastics and metals. Plastics, especially chlorinated plastics such as polyvinyl chloride (PVC) when combusted gives rise to these highly toxic pollutants. In fact PVC plastic combustion is banned in India by regulation both in the municipal and bio-medical waste handling rules.

III. Toxic emissions are created at various stages of such thermal technologies like RDF which was used in this Waste to Energy plant of Andhra Pradesh, and not only at the end of the stack. These can be created during the process, in the stack pipes, as residues in ash, scrubber water and filters, and in fact even in air plumes which leave the stack. There are no safe ways of avoiding their production or destroying these once produced, and at best they can be trapped at extreme cost in sophisticated filters or in the ash. The ultimate release is unavoidable, and if trapped in ash or filters, these then become hazardous wastes themselves. This technology release hazardous emissions in completely uncontrolled environments to which communities are directly exposed. [9]

IV. Waste to Energy Projects based on RDF incineration technology violate Supreme Court’s order dated 6th May, 2005 wherein it said, “…we hope that till the position is clear, the Government would not sanction any further subsidies.” It is noteworthy that on 15th May, 2007, the Court’s order "permit (s) Ministry of Non-conventional Energy Sources (MNES) to go ahead for the time being with 5 pilot projects chosen by them" but it is noteworthy that this refers specifically to bio-methanation technology. MNES is renamed as Ministry of New & Renewable Energy (MNRE). It has been revealed through Right to Information application that neither the proposed Delhi’s waste to energy incinerator projects one of those 5 pilot projects nor is it based on the recommended Biomethanation technology.[10]

V. In the Writ Petition (Civil) No. 9901 of 2009 in Delhi High Court, legal officials like Mr A S Chandiok Additional Solicitor General and Standing Counsel for the Delhi Government and for the Delhi Pollution Control Committee, Najmi Waziri has been misleading and misrepresenting facts about waste to energy plants in Andhra Pradesh by saying that “the Refuse Derived Fuel incineration technology was already in use at Hyderabad and Vijayawada”. The fact is that there is no plant in Hyderabad. The plant that became functional and now stands defunct is in Shadnagar, Mahboobnagar district of Andhra Pradesh. On 18th July, 2011, Delhi High Court on asked Central Pollution Control Board (CPCB) and the Delhi Pollution Control Committee (DPCC) to conduct a joint inquiry about India's first waste-to-energy plant and file a report on the allegations that it posed health risks to citizens. "A joint report be submitted by the DPCC and the CPCB after an inquiry of the site of the energy plant about the alleged risks posed to citizens,"[11] a bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna, Delhi High Court.[12] The order reads: “Mr Nigam, learned senior counsel for the petitioner that the plant is going to be operated…soon…Delhi Pollution Control Committee has issued the consent to operate. Mr.Waziri, learned standing counsel for GNCTD (Government of National Capital Territory of Delhi) and DPCC submitted that consent to establish has been given but consent to operate has not yet been given. Needless to emphasize, without obtaining consent for operation, the plant cannot be operationalized. Let the matter be listed on 29th August, 2011.”

For consent to operate, page no. 102 of the signed minutes of the 19th Meeting of the Committee constituted for deciding the consent under the Air and Water Acts, for Planning, Coordination & MSWM Cell under the DPCC, Department of Environment, Government of NCT Delhi F. No. DPCC/Plg & MSW/246 dated 4/7/2011 reveals inexplicable influence over the concerned government agencies from Jindal Urban Infrastructure Limited (JUIL), a company of M/s Jindal Saw Group Limited owned by Prithviraj Jindal part of O P Jindal Group. The relevant portion of the minutes signed by B Kumar, Additional Director, is reproduced ad verbatim: “Status of Consent: Consent to establish has been issued on 29.01.08. The unit has applied for consent to operate on 21.01.09, CTO issued on 20.01.2010, valid up to 20.01.2012.” The CTO stands for consent to operate.

The consent to operate has been given even before the completion of the construction work which itself is in violation of the Hon’ble Supreme Court’s order and despite the explicit letter dated 1st April, 2011 of the Union Minister of Environment & Forests. The repeated amendment in the plant’s environmental clearance without fresh public hearing is quite a glaring instance of environmental lawlessness in the national capital which sets a very bad precedent.

Preliminary Inference: On 10th August, Citizens of Vietnam remember the anniversary of the first use of nearly 80 million liters of Dioxins laced Agent Orange as chemical weapon against Vietnam from 1961 to 1971 that has wrecked havoc crippling people and causing hitherto unknown diseases for last 50 years. The Dioxins emitting waste to energy incinerators in residential and ecologically fragile areas or elsewhere tantamount to peace time use of chemical weapon against one’s own citizens and their ecosystem.

Preliminary Recommendations:

· The inquiry team constituted by Delhi High Court ought to visit the 6.6 MW Municipal Solid Waste to Energy Project at Elikatta Village, Shadnagar Mandal, Mahboobnagar district in Andhra Pradesh to ascertain facts for themselves along with representatives from media

· Construction of Delhi’s Waste to Energy Incinerators be stopped pending final outcome in the court else it would appear that a fait accompli has been present to the judiciary

· Contempt of Supreme Court’s Order merits immediate legal remedy

Note: The final report of the Fact Finding Team will be shared shortly following the release of report of the Delhi’s waste to energy incinerators based on site visits.

SPEECH OF HER EXCELLENCY VICE PRESIDENT NGUYEN THI DOAN
AT THE MASS RALLY TO COMMEMORATE THE 50TH ANNIVERSARY OF THE AGENT ORANGE DISASTER IN VIETNAM
(Grand Theatre Hall of Hanoi, August 10th , 2011))
----------------

In the war of aggression in Vietnam, the U.S. forces did not only use conventional weapons but also chemical weapons in order to destroy Vietnam’s environment, ecology and human health, causing an extremely serious disaster. This is the largest and longest chemical warfare with most serious consequences in the history of mankind. Fifty years have passed, not just the environment and ecology of Vietnam have been severely damaged, but millions of our comrades and people also have become victims of Agent Orange / dioxin. Many of them have died, many others are living with lethal diseases and infections which can be transmitted to even their children and grandchildren. This pain is untold. This pain is the common pain of the people of Vietnam, as well as the pain of the progressive mankind in this world.

For years, the Party and the State have developed several policies to help alleviate the difficulties in the daily life of the families and children of the victims of Agent Orange. The entire political system, organizations and individuals in Vietnam and abroad have strived to provide them with both physical and spiritual support. Our progressive friends in the world have also joined hands with us to help the victims of Agent Orange. But we can say that the life of the victims of Agent Orange / dioxin in Vietnam is still very difficult due to lethal diseases and mentally tormented pain, many families are at a risk of forever destruction. But recently, many of them have won over illnesses in the process of their advancement to set a good learning and laboring examples.

On this occasion, on behalf of the leaders of the Party and the State, I warmly welcome all of you, brothers and sisters, young victims of Agent Orange who are imbued with strong will can overcome various difficulties in integrating themselves with their communities. This demonstrates the bravery of the Vietnamese people and the traditions of heroism and resilience of our forefathers. I warmly praise the Vietnam Association for Victims of Agent Orange / dioxin. Its cadres and members have upheld the spirit of responsibility, solidarity, and good faith, and devoted days and nights for serving the victims of Agent Orange. I also enthusiastically appreciate the Party committees, governments, UNI0Ns, people in the entire country, compatriots abroad, international friends and people of conscience around the world who have and continues to support and assist victims of Agent Orange / dioxin in Vietnam so that justice will be executed, their life will be better off with every passing day.

Comrades and delegates!
Dear fellow citizens, cadres and soldiers all over the country!

235 years ago, the Declaration of Independence of the United States (1776) solemnly stated, "All men are created equal, the Creator has given them the right that no one can deny, among these rights are the rights to life, liberty and the pursuit of happiness .... " But Agent Orange / dioxin sprayed by the U.S. imperialists over Vietnam has deprived the right to life of millions of people in Vietnam. Many of them have become disabled for life; their children and grandchildren, because of their grandparents or parents’ exposure, have been born with deformities and consequently become disabled persons. Upon meeting them, everyone would feel like being hurt.

On this occasion, I call upon fellow citizens and soldiers all over the country to continue to join hands and contribute your part in doing everything possible to ease the Orange pain; to help victims to improve their living conditions. To care and help the victims of Agent Orange / dioxin is the responsibility, obligation and conscience of the political systems of all levels, departments, organizations and individuals in the whole society, This requires close coordination of all levels, from central to local, and the perfect integration of local socio-economic planning and development programs with those of the whole country.

The Vietnam Association for Victims of Agent Orange / dioxin that has made great efforts, should try to make greater efforts in the task set to encourage the victims of Agent Orange to overcome difficulties, to participate in social activities, and to make community integration; to mobilize and to obtain resources for caring and helping the victims and their families; to constantly enlist the support and to expend their international cooperation.

Those victims of Agent Orange who have bravely overcome difficulties and diseases who have set bright examples, should try harder in the spirit of solidarity to continue to act as witnesses in the struggle for justice, to continue to show good virtues of the Vietnamese people.

I call upon the U.S. government to take responsibility for the damage caused by it to the environment and health of the people of Vietnam. I welcome the recent initial cooperation extended by the U.S. Government, but I hope that it should make better collaboration with the Government and people of Vietnam in the remediation of the consequences of Agent Orange / dioxin, in health care support for the victims and in the clean up of the areas where dioxin still remains in Vietnam.

I urge all the governments, international and national organizations, NGOs, scientists, lawyers, social activists and people in the world to provide greater help and support to the victims of Agent Orange / dioxin in Vietnam in daily life and in the struggle for justice. Your help and support are not only for the victims of Agent Orange in Vietnam but also for victims of Agent Orange in other countries around the world.

For a permanent peace and justice, let’s unite, and together speak out against Agent Orange / dioxin, against all chemical and biological weapons. The world will become healthier, the life of all nations will be more peaceful and happier, if Agent Orange / dioxin, as well other chemical weapons do not exist at all.

On this occasion, on behalf of the Party and the State, I would like to send my profound regards to victims of Agent Orange and their families; to thank the international organizations and friends who have devoted their support and valuable assistance both physically and spiritually to them, to share the pain of millions of Agent Orange victims and their families.

Best wishes to brothers and sisters - victims of Agent Orange and their families that they may enjoy more energy, may overcome difficulties and may maintain their confidence needed to win their victories.

Finally, my best wishes will go to comrades, delegates, international guests, members of the Vietnam Association for Victims of Agent Orange / dioxin and all fellow compatriots, cadres and soldiers with good health and good successes in their services for the life and the rights of the victims of Agent Orange in Vietnam.